TiVo already proved to a court and an appeals court that Dish has been infringing, but more recently, Dish has maintained its DVRs were sent software upgrades that make their devices non-infringing.

The difference is huge to both parties considering that a Texas judge ruled months ago that Dish should disable about 4 million DVRs. That injunction was stayed, and Dish and TiVo again were hashing it all out Friday in front of a judge.

TiVo, headed by CEO Tom Rogers, is hoping the courts will insist that Dish not only pay the monetary judgment plus interest — a total of about $128 million — but also force Dish into a position where it would either license TiVo’s technology or turn off its customers’ DVRs.

But though the Charles Ergen-led Dish was fighting TiVo on the Texas front, it also was issuing a separate statement of a new lawsuit it has filed.

“The lawsuit is in response to TiVo’s continued public statements that our new DVR software infringes,” the company said.